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Patna High CourtMJC/2050/2024allowed

Shiva Chandra Chaudhary v. The State Of Bihar Through Law Secretary I/C Sri Jitendra Kumar

2025-07-18Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2050 of 2024 In Miscellaneous Jurisdiction Case No.2499 of 2018 ====================================================== Shiva Chandra Chaudhary S/O Late Rameshwar Prasad Chaudhary R/o Muhalla-Near Brahm Ashathan, Bhikhanpura. Near Vijay Petrol Pump P.S.- Sadar, Dist-Muzaffarpur.

... ... Petitioner/s

Versus

1.

The State of Bihar Through Law Secretary I/C Sri Jitendra Kumar Bihar 2.

The Civil Court Muzaffarpur Through Sri Brahma Nand Dwivedy, Registrar- in-charge, Muzaffarpur.

3.

Sri Harendra Nath Tiwari, District and Sessions Judge, Muzaffarpur. 4.

Sri Brahma Nand Dwivedy, Registrar-in-charge-cum-office superintendent, Civil Court, Muzaffarpur.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjeev Kumar, Adv.

For the Opposite Party/s :

Mr.Gyan Prakash Ojha, GA- 7 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 18-07-2025

1. The present petition has been filed for restoration of a petition bearing M.J.C. No.2499 of 2018, which has stood dismissed on account of non-prosecution, by an order dated 01.09.2023.

2. The learned counsel for the petitioner has submitted that the counsel for the petitioner had fallen ill suddenly and therefore, he could not attend the hearing of the case, when the case was called out for hearing on 01.09.2023, thus, a sympathetic view be taken and the aforesaid petition be restored to its original file.

Patna High Court MJC No.2050 of 2024(3) dt.18-07-2025 2/2

3. Having regard to the submission made by the learned counsel for the petitioner as also considering the averments made in the present petition, I deem it fit and proper to restore the aforesaid petition bearing M.J.C. No.2499 of 2018 to its original file.

4. The present restoration petition stands allowed. (Mohit Kumar Shah, J) sonal/- U